So you have been arrested for D.UI. and a minor is in the car? I will tell you that when I hear facts like this my stomach will do a flip flop. How do you think the State Attorney's Office will react.? How will a judge react? My, oh, my how will a jury react? Tell you what, run the scenario by a good friend and see how they react.
The State Attorney will file child abuse/neglect charges, in addition to the D.U.I. charges against the driver. The penalties on the D.U.I. may be enhanced due to the presence of the minor. I absolutely guarantee that any judge who hears the matter will not be happy. If a trial is indicated then there must be an attempt made to sever the child abuse/neglect charges from the D.U.I. on grounds that it would tend to prejudice the jury (no doubt) against the defendant, and those charges really are not relevant to proving the D.U.I. Even if severed the jury would still hear that the child was in the car but wouldn't hear the additional charge of abuse/neglect.
In any event, it isn't pretty and it is real simple to prevent. Don't drink and drive! Don't drink and drive with children in the car!
I may be reached at 561-616-8700 7 days a week. My website is http://www.floridaduilawyer.com/. My e-mail is DUITIM@floridaduilawyer.com.
Copyright 2008
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